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Acquisition of Land Act 1967 - amend section 20 to include solatium in determining the amount of compensation provision

Eligibility - Queensland residents

Principal Petitioner:

Alan Gardiner
Lot 139 Bruce Highway
GORDONVALE QLD 4865

Total Signatures - 331

Sponsoring Member: Hon Curtis Pitt MP

Posting Date: 21/08/2018

Tabled Date: 21/08/2018

Responded By: Hon Dr Anthony Lynham MP on 10/09/2018

TO: The Honourable the Speaker and Members of the Legislative Assembly of Queensland

Queensland residents draws to the attention of the House that:
1. Section 20 of the Acquisition of Land Act 1967 (Old) providing for the assessment of compensation does not include any amount for the disadvantage resulting from the relocation ("solatium") as is provided for in the equivalent New South Wales legislation under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) - Section 55[e],
2. By not making provision for solatium in the compensation process, as has been recognised in other State's comparative legislation, the Queensland Government is failing to provide compensation to affected Queensland residents on 'just terms'.
3. The current legislation without the amendment to provide for the disadvantage resulting from relocation is not compensation on just terms.
4. Other State governments have recognised this consideration for the disadvantage resulting from relocation in their compensation process under comparative Land Acquisition legislation.
5. Compulsory acquisition by a State government can be a stressful and traumatic experience for the affected resident who may have a strong emotional attachment to the object property which should be considered and provided for in the compensation process.


Your petitioners, therefore, request the House to amend Section 20 of the Acquisition of Land Act 1967 (Qld) to include solatium in determining the amount of compensation provision for the disadvantage resulting from the relocation.